HomeMy WebLinkAbout1999-07-13; City Council; Resolution 99-252ll 0 0
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RESOLUTION NO. 99-252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE LICENSE AGREEMENT
WITH COX COMMUNICATIONS, P.C.S FOR A CELLULAR SITE AT
THE CARLSBAD PUBLIC SAFETY CENTER
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WHEREAS, Cox Communications, P.C.S Assets, L.L.C., wholly owned by
Communications P.C.S., a limited partnership, has requested permission to construct
install a cellular site at the Carlsbad Public Safety Center; and
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WHEREAS, Facilities Management staff has negotiated with Cox Communicati
P.C.S and secured a five-year license agreement with rent in year one of $2,000 increasir
$2,252 in year five;
WHEREAS, the Planning Commission has approved this project and issue
I’ 11 Conditional Use Permit No. 98-10;
I.2 I/ NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of Carl$
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as follows:
I. That the above recitations are true and correct.
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2. That the new License Agreement between the City of Carlsbad and
Communications, P.C.S attached hereto as Exhibit B is hereby approved.
3. That the Mayor is hereby authorized to sign the lease agreement on behalf o
City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad i
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regular meeting held on the 13 th day of JUlY , 1999, by the following vote, to \
AYES: Council Members Lewis, Nugaard, Finnila, Hall & Kulchin
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NOES: None
ABSENT: None
KTTEST: I.,
KAREN R. KUNDTZ, Assistant City C
1 - " .a 0 0 EXHIBIT B
LICENSE AGREEMENT
This Agreement is made between the City of Carisbad ("City"), a municipal
corporation, hereinafter referred to as "Licensor", and Cox PCS Assets, L.L.C., a
Delaware Limited liability company, wholly owned by Cox Communications PCS, L.P., a
Delaware Limited Partnership (both of which are hereinafter referred to as "Licensee"),
commencing August 1,1999.
RECITALS
1. The City is the owner of real property more specifically identified as
Assessor's Parcel No. 209-050-26-00 on a 26.28 acre site, more specifically described
in Exhibit I, commonly known as the Carlsbad Public Safety and Service Center Site,
and hereinafter referred to as the "Property".
2. The City now uses the Property for a police and fire administration and
public conference facility. .-
3. The Property is adequate in size to allow the installation of antenna arrays
on the face of the facility and appurtenances thereto by Licensee.
4. Licensee is desirous of installing antenna arrays on the face of the facility
and appurtenances thereto on the Property.
5. The City is willing to allow Licensee to install the antenna arrays on the
face of the facility and appurtenances thereto under certain terms and conditions.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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City hereby grants to Licensee a license to use the portion of the property that is
depicted in Exhibit "II" hereto (the "premises") for the purposes and subject to the
agreement and terms and conditions set forth herein:
LICENSEE'S OBLIGATIONS
Licensee agrees to do the following:
I. Use the Property for the purpose of constructing, maintaining and operating a
telecommunications facility, consisting of an antenna array and associated
telecommunications equipment as described in CUP 98-10 (Exhibit Ill). A security
fence, consisting of chain link construction or similar but comparable construction, shall
be placed around the perimeter of the facility of Licensee. All improvements shall be at
Licensee's expense. City will maintain the property in a reasonable condition.
2. (a) Be responsible for installing any equipment, at expense of Licensee, to
eliminate any interference that might be caused by the location of its radio transmitting
or telecommunications facility or-modifications thereto with existing equipment of any
other parties, including but not limited to the Safety Center Communications System
already on the Property at the commencement of this license agreement.
(b) The City reserves the right to enter into agreements with other parties,
including but not limited to wireless communication carriers (hereinafter "Carriers") for
use of the Safety Center site. In the event that an additional Carrier is licensed to use
the site it shall be the new Carrier's responsibility, at its expense, to ensure that such
installation is constructed and operated in accordance with applicable regulations
issued by the Federal Communications Commission ("FCC"), if any. If Carrier's plans
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and specifications are approved by City, City shall notify Licensee in writing as to the
scheduled date and time of commencement of construction and installation of Carrier's
transmittingkeceiving equipment not less than ten (1 0) business days prior to such
date. Any change to the additional Carrier's approved antenna type and location and/or
change in transmitter types and power output shall be made compatible with Licensee
at Carrier's sole expense.
3. Be responsible for maintenance of any equipment and facilities installed on
the premises by Licensee to comply with all City, County, State, FAA and FCC
regulations.
4. Be responsible for its own equipment. Provide fire, theft and extended
coverage insurance for the equipment and facilities installed for Licensee.
5. (a) Be responsible for securing any necessary permits or conditional use
permits from any governmental agency to install any facilities of Licensee on the
Property. Licensee may substitute, modify andlor add to its communication/transmitting
antenna system located on the Property from time to time, provided that Licensee first
obtains any and all required governmental approvals for such substitution, modification
and/or addition and the approval of the City. Any change to Licensee's approved
antenna type, number of antennas , antenna location and/or changes in transmitter type
and power output shall, at the sole expense of Licensee, be made in accordance with
applicable regulations issued by the FCC. If Licensee's plans and specifications are
approved by City, Licensee shall notify all other Carriers in writing as to the scheduled
date and time of commencement of construction or installation of Licensee's modified
equipment not less than ten (IO) business days prior to such date.
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(b) It is understood and agreed that Licensee's ability to use and/or
protect its interest in the Property is dependent upon Licensee obtaining all of the
certificates, permits and other approvals which may be required from any federal, state
or local authority, and any easements which are required from any third parties. City
shall cooperate with Licensee in its efforts to obtain such approvals and/or easements,
as may be required for Licensee's facility as initially configured and approved in CUP
98-10. If (i) any application and/or negotiations by Licensee for any such certificate,
permit, license, easement, approval, policy of title insurance, or agreement is finally
denied, rejected and/or terminated, (ii) any such certificate, permit, license, easement,
approval or agreement is canceled, or expires, or lapses or is otherwise withdrawn or
terminated, (iii) any Hazardous Materials are discovered or otherwise become located
on the Property, other than as a direct result of Licensee's activities thereon, or (iv) due
to technological or economic reasons, Licensee determines that it is no longer practical
to use the Premises for Licensee's intended purposes, then Licensee shall have the
right to terminate this License-Agreement, which termination shall be effective no
sooner than one hundred eighty (180) days from delivery of written notice from
Licensee to City provided Licensee has removed all of its property and equipment from
the premises by that time.
6. Be responsible for all utilities and any property taxes imposed as a result of
the use of the Property by Licensee.
7, (a) Licensee understands and agrees that this licensing agreement may be
revoked at any time in the future if the City determines for any reason at any time in the
future that this license agreement is not in the best interest of the City, notwithstanding
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any investment of Licensee in improving the property for its use.
The determination of license revocation shall be within the sole discretion
of the City. In the event the City's revocation of a license is not due to a breach by
Licensee of one of the conditions or obligations provided for in this agreement, the City
shall give Licensee written notice of the necessity of removal of the said facilities one
hundred eighty (180) calendar days prior to the effective date of the removal. Such
removal or relocation shall be at the expense of Licensee.
(b) If this license is revoked by the City due to a breach by Licensee of
one of its obligations herein, the revocation shall be effective thirty (30) calendar days
from the date of delivery of the notice of revocation and Licensee shall remove all of its
personal property and equipment from the Property by that time or the City may remove
it and charge Licensee for the cost of removal.
8. If upon expiration or termination of this agreement Licensee remains on the
Property, Licensee shall pay a fee at two times the then existing monthly rate until such
time as Licensee vacates the premises by removal of its personal property and fixtures.
9. Exercise due diligence in utilizing the Property of the City so as to not
interfere with utilization of the Property by the City, and Licensee agrees to comply with
any rules and regulations that the City may promulgate at any time in reference to
utilization of the Property by any party other than the City. It is understood by Licensee
that the Property is used by the City as a police and fire administration and public
conference facility and as a part of the City administration and public safety system of
the City and that it is necessary to maintain adequate security at all times for the
primary utilization of the Property by the City.
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IO. Licensee understands that it may be required in the future to relocate its
equipment upon alteration of the current Safety Center design and that Licensee shall
bear any and all costs associated with such relocation. Licensor will provide Licensee
with written notice of the requirement for relocation no later than ninety (90) days prior
thereto to allow Licensee to coordinate the transfer of its equipment.
I I. Pay to City without abatement, deduction or offset the following fee on or
before the first day of each month of this agreement:
(a) Two thousand ($2,000) dollars per month for the first year of this
agreement.
(b) Commencing on the anniversary date of this Licensing Agreement in
years 2, 3, 4, and 5 said monthly fee shall increase as follows if the license is still in
effect:
Year 2: Two thousand and sixty ($2,060) dollars per month.
Year 3: Two thousand one hundred twenty two ($2,122) dollars per month.
Year 4: Two thousand one hundred eighty six ($2,186) dollars per month.
Year 5: Two thousand two hundred fifty two ($2,252) dollars per month.
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Monthly fees may be pro-rated as required. If the City desires to continue
this license beyond five years, the fee amount shall be renegotiated at that time.
(c) If any of the monthly fee payments are not received by the City by the
IOth day of the month in which they are due, the fee shall be deemed delinquent and a
ten (IO) percent penalty on the sum owing shall accrue on the late payment. If
Licensee should become delinquent on the fee for two or more months in any twelve
month period, the City may revoke this agreement forthwith and demand removal of all
personal property within ten (IO) days, or remove such property itself and charge
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Licensee for the cost of removal.
12. (a) Waive all claims against the City of Carlsbad for any damages to the
personal property and equipment of Licensee in, upon or about the Property and for
injuries to any employees of Licensee or their agents in or about the Property from any
cause arising at any time, and Licensee will hold the City of Carlsbad exempt and
harmless from any damage or injury to any person, or any property, arising from the
use of the Property by Licensee, or from the failure of Licensee to keep the equipment
and facilities in good condition and repair, as herein provided.
(b) Licensee indemnification shall include any and all costs, expenses,
and reasonable attorneys fees and liability incurred by the City of Carlsbad, its officers,
agents, or employees in defending against such claims, whether the same proceed to
judgment or not.
(c) Licensee shall at its own expense, upon written request by the City of
Carlsbad, defend any such suit or action brought against the City of Carlsbad, its
officers, agents or employees. Lieensee indemnification of the City of Carlsbad shall not
be limited by any prior or subsequent declaration by Licensee.
13. Obtain and maintain for the duration of the contract insurance against claims
for injuries to persons or damage to property which may arise out of or in connection
with this agreement, its agents, representatives, employers or subcontractors. Said
insurance shall be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:V" and shall meet the City's policy for insurance
as stated in City Council Resolution No. 91-403.
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(a) Licensee shall maintain the types of coverages and minimum limit
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
I) Comprehensive General Liability Insurance. $1,000,000
combined single-limit per occurrence for bodily injury, personal injury and property
damage. If the submitted policies contain aggregate limits, general aggregate limits
shall apply separately under this contract or the general aggregate shall be twice the
required per occurrence limit.
2) Automobile Liability (for the use of an automobile by Licensee's
employees or agents or subcontractors in conjunction with its use of the premises)
$1,000,000 combined single-limit per accident for bodily injury and property damage.
3) Worker's Compensation and Employer's Liability. Worker's
Compensation limits as required by the Labor Code of the State of California. and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
(b) Licensee shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions:
I) The City of Carlsbad shall be designated as an additional
insured on all policies excluding Worker's Compensation.
2) Licensee shall furnish certificates of insurance to the City before
commencement of work.
3) Licensee shall obtain occurrence coverage.
4) This insurance shall be in force during the life of the agreement
and shall not be canceled without thirty (30) days prior written notice to the City sent by
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certified mail.
5) If Licensee fails to maintain any of the insurance coverages
required herein, then the City will have the option to revoke this license agreement, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. Licensee is
responsible for any payments made by the City of Carlsbad to obtain or maintain such
insurance and the City of Carlsbad may collect the same from Licensee for the period of
non-compliance, or deduct the amount paid from any sums due Licensee under this
agreement.
14. Licensee and City agree that they will not use, generate, store or dispose of
any Hazardous Material on, under, about or within the Property in violation of any law or
regulation. "Hazardous Material" shall mean petroleum or any petroleum product,
asbestos, any substance known by the State of California to cause cancer and/or
reproductive toxicity, and/or any substance, chemical or waste which is identified as
hazardous, toxic or dangerous in-any applicable federal, state or local law or regulation.
In the event of a breach of this provision by either party, the other may terminate this
agreement forthwith and pursue any remedies to which it is entitled by law.
15. Licensee understands and acknowledges that assignment, sublicensing
or transfer of the license granted herein by either entity is absolutely prohibited without
the written consent of the City, and any attempt to do so without written consent may
result in a revocation of the license at the will of the City.
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LICENSOR'S OBLIGATIONS
City agrees to do the following:
1. Allow the construction of an antenna array and associated
telecommunications equipment on the Property for use of Licensee as approved in City
of Carlsbad CUP No. 98-10 attached hereto as Exhibit "111".
2. Allow reasonable ingress and egress for Licensee to the Property, including
access any time in cases of emergency or equipment failure.
3. Be responsible for its own equipment.
4. Grant any necessary temporary easement for as long as this license is in
effect as required for extension of electric and telephone service to the site as specified
in City of Carlsbad CUP 98-10.
5. Allow construction of a power distribution system at the site from existing
facilities on the Safety Center site.
6. Permit Licensee ingress and egress to the Property to conduct such surveys,
structural strength analysis, subsurface boring tests and other activities of a similar
nature as Licensee may deem necessary. All such activities shall be at the sole
expense Licensee. Licensee agrees to hold City and the Property free and harmless
from any cost, claims and damages, actual or asserted, including costs of investigation
and/or defense thereto connected in any way with said activities.
7. City and its agents and contractors shall have the right to enter the Premises
upon forty-eight (48) hours advance notice to Licensee, during reasonable business
hours and when accompanied by personnel of Licensee, for the purpose of making any
necessary alterations or repairs as provided in this License Agreement. In the event of
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w - an emergency, the notice requirement will be waived.
8. All notices under this License .Agreement shall be in writing and, unless
otherwise provided herein, shall be deemed validly given if sent by certified mail, return
receipt requested, or via recognized overnight courier service, to the designated entity
for legal notice, Cox Communications PCS, LP, addressed as follows:
Cox Communications PCS, L.P.
Attention: Property Manager
P.O. Box 14607
Irvine, CA 926234607
Address if by courier:
Cox Communications PCS, L.P.
Attention: .Property Manager
18200 Von Karman
6'h Floor, Suite 631
Irvine, CA 92612
(or to any other mailing address which the party to be notified may designate to the
other party by such notice). All notices properly given as provided for in this section
shall be deemed to be given on the date when sent. Should City or Licensee have a
change of address, the other party shall immediately be notified as provided in this
section of such change, with a copy to:
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COX PCS ASSETS, L.L.C.:
P.O. Box 14607
Irvine, CA 92623-4607
Attention: Property Manager
CITY OF CARLSBAD:
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attention: Lloyd Hubbs
Title: Public Works Director
Federal Tax Payer ID #95-6004793
Address if by means other than courier:
P.O. Box 14607
Irvine, CA 92623-4607
Attention: Property Manager
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Address if by courier:
18200 Von Karman
6' Floor, Suite 631
Imine, CA 92612
Attention: Property Manager
Telephone: 949/623-5582
Fax: 9491623-5790
IN WITNESS HEREOF, the parties have executed this agreement by their
officers therein duly authorized as of the date and year first written above.
COX PCS ASSETS, L.L.C.
A Delaware limited liability company
Licensee
By: Cox Communications PCS, L.P.,
A Delaware limited partnership,
Its only Member *M/d ATTEST: BY.
Name:
Title: ..
ALETHA L. MUTE
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sprinl peanVnLP.
Mike Tudd Dkfar Site DevelopmetIt
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Cox Communications PCS, L.P.
A Delaware limited partnership
Title: \pLSt.SY %.AT S~iJLs-TpeJ
(Proper notarial acknowledgment of execution by
must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
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corporations. If only one officer signs, the corporation must attach a resolution certified
by the Secretary or Assistant Secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
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ALL-PURPOSE ACKNOWLEDGMENT
rstate of California 1 County of Ai-*MG04 } ss.
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i On J~ ;dk 28: \qetq before me, w AaL J 0 &-id5
(DATE) (NOTARY) i personally appeared m La@. - 1 Ob>* i .@personally known to me - OR- 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and
acknowledged to me that hdshehhey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
SIGNER(S)
i i i i i i WITNESS my hand and official seal.
e n I i i NOTAR 'S SIGNATU i
- io CORPORATE OFFICER
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document. 1 CAPACITY CLAIMED BY SIGNER {PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
1 TITLE OR TYPE OF DOCUMENT TITLEi.5)
0 ._
!o 0 PARTNER(S)
ATTORNEY-IN-FACT 1 TRUSTEE(S) NUMBER OF PAGES 0 GUARDXANKONSERVATOR i OTHER: i DATE OF DOCUMENT
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i SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENfITY(IES)
OTHER .~.~.~.~.~.~.IL.~.~.~.~..r).~~~.".~.".~
APA 1194 VALLEY-SIERRA, 800-362-3369 I(
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ALL-PURPOSE ACKNOWLEDGMENT
~.~~~~o~o~a~a~a~a~o~a~e~a~o~o~~~~~~~~,
rstate of California i County of ALL\- e OA ) ss.
I On -Id .-,g Zq , \yqq before me, M P e&. \ GkdT ,
0 (DATE) ' (NOTARY)
y appeared . c> n,d t%&fl-44
1 b SIGNERE1 ! Personal1: ~ .I 1 E personally known to me - OR- proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and
acknowledged to me that hdshelthey executed
the same in his/her/their authorized
i i i i i i
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
i i %& \fiJ&-
i
i rn 0 CORPORATE OFFICER
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document. 1 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
1 TITLE OR TYPE OF DOCUMENT TITLEW ~ ., i C1 PARTNER(S)
0 0 ATI'ORNEY-IN-FACT 1 TRUSTEE(S) -
n NUMBER OF PAGES u GUARDIANKONSERVATOR
i i OTHER:
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DATE OF DOCUMENT i SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES)
OTHER
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APA li94 VALLEY-SIERRA, 800-362-3369 1:
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PARCEL 1:
THAT PORTION OF LOT "B' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16,1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP NO. 823;
THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89054'00" EAST, 23.41 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO NORTH COUNTY
INVESTMENTS, RECORDED JUNE 16, 1971 AS FILE NO. 126673; THENCE RETRACING
ALONG SAID BOUNDARY NORTH 89054'00" WEST, 23.41 FEET TO SAID POINT 14 OF LOT
"B"; THENCE ALONG THE BOUNDARY OF SAID LAND OF NORTH COUNTY INVESTORS'S
AS FOLLOWS:
SOUTH 54015'33" WEST, 326.48 FEET; SOUTH 50055'35" WEST 1788.65 FEET; SOUTH
01028'24" WEST, 787.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID BOUNDARY, SOUTH 10046'15" WEST, 1337.68 FEET, THENCE LEAVING SAID
BOUNDARY, SOUTH 79013'45" EAST, 703.35 FEET; THENCE NORTH 30028'48" EAST, 900.00
FEET, THENCE NORTH 30031'12" WEST, 800 FEET; THENCE SOUTH 87045'29" WEST, 491.59
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
A NON EXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR ROAD PURPOSES OVER,
mER, THROUGH AND ACROSS ALL THAT PORTION OF SAID LOT "B" OF RANCHO
AGUA I-IEDIONDA LYING WITHIN A STRIP OF LAND 48.00 FEET WIDE, THE SIDELINES
OF SAID STRIP LYING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN
PARCEL 1 OF DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED AUGUST
BEING ALSO THE MOST SOUTHERLY CORNER OF THAT CERTAIN 6.459 ACRE PARCEL
SHOWN ON RECORD OF SURVEY MAP NO. 7845 FILED IN SAID RECORDER'S OFFICE ON
MARCH 8, 1974; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF SAID 6.459 ACRE PARCEL SOUTH 51017'15" WEST (RECORD
NORTH 51025'00" EAST PER SAID R.O.S. 7845) 55.00 FEET TO A POINT ON THE
IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE ALONG SAID
CENTERLINE SOUTH 38042'45" EAST, (RECORD NORTH 33011'55" WEST PER SAID R.S.
THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE NORTH 3705 1'42"
EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE,
CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 81050'49", A DISTANCE OF 499.97 FEET; THENCE
TANGENT TO SAID CURVE, NORTH 43059'07" WEST, 172.23 FEET TO THE BEGINNING OF
A TANGENT 350.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54045'22" A
DISTANCE OF 334.49 FEET;
3, 1973 AT FILEPAGE NO. 73-215694 IN THE SAN DIEGO COUNTY RECORDER'S OFFICE,
CENTERLINE OF EL CAMINO REAL, ROAD SURVEY 1800-1, A PLAT OF WHICH IS ON FILE
1800-1) 141.28 FEET TO ENGINEER'S STATION 329 + 50.00 THEREON, SAID POINT BEING
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THENCE TANGENT TO SAID CURVE NORTH 10046'15' EAST, 518.39 FEET TO A POINT ON
THE SOUTHEASTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED ABOVE SAID
POINT BEING THE POINT OF TERMINUS.
PARCEL 3:
AN EASEMENT FOR THE RIGHT TO CONSTRUCT DRAINAGE FACILITIES AND ALSO TO
DRAIN ANY PORTION OF PARCEL 1 HEREINABOVE DESCRIBED OVER SAID EASEMENT,
BEMG A PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, MAP NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA, ON NOVEMBER 16, 1896; SAID EASEMENT BEING 20.00 FEET WIDE, 10.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT POINT 14 OF SAID LOT "B" AS DESCRIBED ON SAID MAP NO. 823,
THENCE SOUTH 54015'33" WEST, A DISTANCE OF 326.48 FEET; THENCE SOUTH 50055'33"
WEST, A DISTANCE OF 326.48 FEET; THENCE SOUTH 50055'35" WEST, A DISTANCE OF
1788.65 FEET; THENCE SOUTH 01028'24" WEST, A DISTANCE OF 787.30 FEET, SAID POINT
ALSO BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE
WESTERLY BOUNDARY OF SAID PARCEL 1; SOUTH 10046'15" WEST, A DISTANCE OF
1337.68 FEET, SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL
1; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, SOUTH 79013'45"
EAST, A DISTANCE OF 703.35 FEET, SAID POINT BEING THE SOUTHEASTERLY CORNER
OF SAID PARCEL 1; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
PARCEL 1; NORTH 30028'48" EAST, A DISTANCE OF 150.00 FEET TO THE CENTERLINE OF
SAID DRAINAGE EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID
POINT BEING ALSO ON THE ARC OF A 300.00 FOOT RADIUS CURVE CONCAVE
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2
me City of CARLSBAD Planning Departm m 6
A REPORT TO THE PLANNING COMMISSION
Item No. 0
Application complete date: July 1, 1998
P.C. AGENDA OF: September 2! 1998 Project Planner: Eric Munoz
Project Engineer: Michele Masterson I
SUBJECT: CUP 98-10 - CARLSBAD SAFETY CENTER TELECOM - Request for a
Conditional Use Permit to allow for the development of an unmanned wireless
telecommunications facility consisting of building mounted “stealth” designed
antennas and a ground level transceiver station and related equipment covering
273 square feet at the City’s Safety Center on the east side of Orion Way, with a
Governmental Facilities General Plan designation in the Open Space Zone. within
Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4377
APPROVING Conditional Use Permit CUP 98-10 based on the findings and subject to the
condition contained therein.
11. INTRODUCTION
Cox Communication provides wireless telecommunication services between Central California
and the Mexican border. As part of their network for coverage in the San Diego County area.
Cox has proposed a telecommunications center at the City’s Safety Center. There is a pending
agreement between the City and Cox Communications to lease space for the antennas. The
agreement is subject to the Planning Commission‘s approval of this Conditional Use Permit. The
proposal involves nine new antennas placed on the building face of the Safety Center that are
designed to be “stealth” and blend in with the existing building. Also involved is a small
equipment and power storage area on the backside of the building.
The proposal will not adversely impact the Safety Center building or the range of safety services
provided from the Safety Center site. The proposal has been reviewed by all necessary city
departments and no concerns or issues exist. In addition, the proposal will not have any impact
on the ability of the city to plan out the long term re-design of the Safety Center so as to
incorporate the Public Works Division of the cit!.. Staff recommends approval of the conditional
use permit subject to the conditions contained therein.
111. PROJECT DESCRIPTION AND BACKGROUND
As shown on the pro-ject exhibits (Exhibits “.4“-“F”. dated September 2, 1998). the project
primarily consists of nine (9) new antennas to be provided in three clusters, or arrays, of three
Q2
CUP 98-1 0 - CARLSBAmAFETY CENTER TELECOM 0
September 2. 1998
Page 2
antennas. The antennas individually are up to six feet high. eight inches wide and three inches
thick. The antennas have a 15 degree maximum range of outward tilt from the building face and
they will be painted to match the building exterior. The antenna arrays are designed to provide
”stealth” antennas that are intended to visually blend into the existing building face. One array
(consisting of three antennas each) will be located near the top of the Safety Center’s building
face on the west. south and east elevations as shown on the project exhibits.
Other primary features of the proposed project include: (1) a 273 square foot area located at
grade behind the Safety Center building (precise location shown on project exhibits) to be used
as a Base Transceiver Station (BTS). The 273 square foot area will accommodate BTS
equipment which will be completely screened by a six foot high stucco wrapped wall painted to
match the existing Safety Center building in .color and texture (one work light in the BTS area
will exceed the height of the six foot high stucco wall by up to two feet - see detail on Exhibit
“E”), (2) a lockable gate as part of the stucco screen to provide access to the BTS equipment.
and; (3)’ one 6’9” Global Positioning System (GPS) antenna to be located within the BTS area
(see detail on Exhibit “E”).
IV. ANALYSIS
The proposed pro-ject is subject to the following regulations:
A. City of Carlsbad Zoning Ordinance - Open Space Designation
C. City of Carlsbad Zoning Ordinance - Chapter 21.42, Conditional Uses
ODen Space Zoninc Desimation
The Safety Center is zoned Open Space which allows for public facilities and structures in the
context of a civic center via a conditional use permit (CUP). While the Safety Center complex is
covered by another CUP (CUP 262): this proposed CUP to install wireless communication
antennas and equipment is also consistent with the provisions of the Open Space zone and the
Safety Center land use.
Governmental Facilities General Plan Desimation
The proposed wireless communication antennas are consistent with the Governmental Facilities
General Plan designation because communication facilities are considered quasi-public facilities.
In addition. the pro-ject will be compatible with the uses of the Safety Center since there will be
no adverse impacts to the Safety Center or the ability of city staff to continue to provide safety
services to the city.
Chapter 2 1.42 - Conditional Uses
The Conditional Uses chapter of the zoning ordinance (21.42) aliows the construction and
placement of features such as wireless communication antennas via the processing of a
conditional use permit. Specifically, section 21.42.010 (2)(J) allows. in all zones including
B. City of Carlsbad General Plan - Governmental Facilities Designation
.e
2
' cur 98-1 o - CARLSBA~AFETY CENTER TELECOM 0
September 2. 1998
Page 3
residential zones, "Accessory public and quasi-public utility buildings and facilities including.
but not limited to, water wells, water storage, pump stations. booster stations. transmission or
distribution electrical substations, operating center, gas metering and regulating stations. or
neighboring telephone exchanges, with the necessary apparatus or appurtenances incident
thereto." The proposed project qualifies for a conditional use permit at the subject site.
The standard. required findings for the granting of a conditional use permit as outlined in
21.42.020 can be made for this project. The findings. are contained in the attached project
resolution. Planning Commission Resolution No. 4377. Below is a descriptive summary of the
facts supporting the findings.
The use is necessary and desirable for the development of the community because it will enable
the use of current telecommunications technology in the city and the San Diego County region.
The site is adequate in size and shape to accommodate the proposed use because the siting of the
proposed antennas will be on three sides of the existing Safety Center building. Features
necessary to adjust the use to existing or future permitted uses will be provided and include
screening/fencing of the ground level equipment area. The existing street system is adequate to
handle the traffic generated by the project because only periodic maintenance work will be
required for the telecommunications equipment thereby generating minimal new traffic to the
area.
V. ENVIRONMENTAL REVIEW
The installation of new. small: stealth designed wireless communication antennas and equipment
is considered a Class 3 Categorical Exemption under the California Environmental Quality Act
(CEQA Guidelines Section 15303). Cox Communications is licensed by the FCC to receive and
transmit radio waves. The FCC"requires compliance with radio frequency power density
standards for the general public, therefore, the project will not have a significant negative impact
on the environment.
ATTACHMENTS:
I. Planning Commission Resolution No. 4377
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Exhibits "A"-"F" dated September 2. 1998
EM:dcll:mll
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0 0
@
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CARLSBAD SAFETY CENTER
TELECOM
CUP 98-10
3,
BACKGROUND DATA SHEE 1.
CASE NO: CUP 9%” 0
CASE NAME: CARLSBAD SAFETY CENTER TELECOM
APPLICANT: COX COMMUNICATIONS
REQUEST AND LOCATION: 9 antennas arranged in three clusters of three antennas on the
south. east and west elevations of the existing Safety Center building located at 2560 Orion Wav
LEGAL DESCRIPTION: A portion of Lot “B” of Rancho Aeua Hedionda. Map No.
11573 in the City of Carlsbad. Countv of San Dieao.
APN: 209-050-26 Acres: N/A Proposed No. of LotsLJnits: N/A
GENERAL PLAN AND ZONING
Land Use Designation: Governmental Facilities (G)
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Open SDace Proposed Zone: Open Space
Surrounding Zoning and Land Use: (See attached for information on Carlsbad‘s Zoning
Requirements)
Zoninp
Site Open Space
North Open Space
South Open Spaee
East Open Space
West Open Space
Land Use
Safety Center/Senices
Parking Lot
Open Space slopes
Parking Lot
Orion Way
PUBLIC FACILITIES
School District: CUSD Water District: CMWD Sewer District: CMWD
Equivalent Dwelling Units (Sewer Capacity): N/A
Public Facilities Fee Agreement, dated: N/A
ENVIRONMENTAL IMPACT ASSESSMENT
0 Negative Declaration, issued
0 Certified Environmental Impact Report, dated
B Other, Categorical Exemption Class 3: Construction of Small Structures/Facilities
2-
DISCLOSURE STATEMENT
Applicant‘s statement or disclosure of certain ownership interests on all applications which \vi11 require
discretionary action on the part of the City Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannor
be reviewed until this information is completed. Please print.
i
Note:
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property Owner must be
provided below.
1. APPLICANT (Not the applicant’s agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having a financial
interest in the application. If the applicant includes a corporation or ~artnership, include the
names, title. addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
APPLICABLE W/A) IN THE SPACE BELOW. If a publiciv-owned comoration, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person &/& Corp/Part 62 &Mo~r*&~~ PC, .LZ
Title +// Title . Gc
Address &/& .- Address /%a kon ,&M@ / ZWM, [A fa/?
2. OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership
interest in the property involved. Also. provide the nature of the legal ownership (i.e,
partnership. tenants in common. non-profit, corporation. etc.). If the ownership includes a
corporation or Dartnership, include the names, title. addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. if a publiclv-
owned corporation. include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessary.)
I’crson Corp/Part CA/ a! Gr/$/d$
Tilie Title
Address Address 1200 &rh& K‘//&c &j‘uZ mfu) CA paoof
(
L
2075 Las Palmas Dr. 0 Carisbad. CA 92009-1 576 - (760) 438-11 61 - FAX (760) 438-0894
. "" - - "_ ."."". . dL\ 1L\VOL
If';In!, person identiapursuanr to (1 ) or (2) above is a nonpro m ,rcanization or a 1rtls1. list llli.
names and addresses 01' AN\' person serving as an officer or director of' the 11o11-pr()fjl
organization or as trustee or beneficianl of the.
&or1 I'rofWTrust Non ProfiI/Trusl
Title Title
Address Address
3. Have you had more than $250 worth of business transacted with any member of City staff.
Boards. Commissions. Committees and/or Council within the past twelve (12) months?
Yes w No If yes. please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
. ; PA /
Signature of ownerldate Signature of applicanddate '
Gwk /dv? Helir // /&C@ ~x L-iM,z4,AHx/z4J c
Print or type name of owner /G'~~~JC~ Print or type name of applicant / Axed
/&A
Signature of owner/applicant's agent ifapplicable/date
Print or type name of/owner/applicant's agent
Ii:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98
r
Page 2 of 2 t
W
1 I/ PLANNING COMMISSION RESOLUTION NO. 4377
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO INSTALL WIRELESS
TELECOMMUNICATION SYSTEM ANTENNAS ON THE
EXISTING SAFETY CENTER BUILDING ON PROPERTY
GENERALLY LOCATED EAST OF ORION WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 5
CASE NAME: CARLSBAD SAFETY CENTER TELECOM
CASE NO.: CUP 98-10
8 WHEREAS, Cox Communications, “Developer”, has filed a verified applic
9 with the City of Carlsbad regarding property owned by the City of Carlsbad, “Ov
1 o described as
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A portion of Lot “B” of Rancho Agua Hedionda, Map No.
11573 in the City of Carisbad, County of San Diego.
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(“the Property”); and
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WHEREAS. the Planning Commission did, on the 2nd day of September 19
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit as shown on Exhibits “A”-“F” dated September 2, 1998, on file in the Car
Planning Department, CARLSBAD SAFETY CENTER TELECOM, CUP 98-10, as pro
by Chapter 2 1.42 and/or 2 1.50 of the Carlsbad Municipal Code; and
21 ll WHEREAS. at said public hearing. upon hearing and considering all testil
22 11 and arguments, if any. of all persons desiring to be heard. said Commission considered all fi
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relating to the CUP.
25 II NOW. THEREFORE. BE IT HEREBY RESOLVED by the Plal
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A) That the foregoing recitations are true and correct. 27
Commission of the City of Carlsbad as follows:
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B) That based on the evidence presented at the public hearing. the Commi,
APPROVES CARLSBAD SAFETY CENTER TELECOM, CUP 9:
based on the following findings and subject to the follouing conditions:
Findinm:
1. That the requested use is necessary or desirable for the development of the communi
essentially in harmony with the various elements and objectives of the General Plan
is not detrimental to existing uses specifically permitted in the zone in whicl
proposed use is located, in that the proposed wireless telecommunication ante
and related ground level equipment will provide a necessary service of cell
phone network coverage for the city and area around Carlsbad using the 1,
technology. Furthermore, the proposed location of the antennas on the S:
Center’s building face will not impact the daily function of the Safety Center 01
consistent with the General Plan including the site’s general plan designatio
Governmental Facilities.
’. ability to provide safety services from the site, therefore, the project is
2. That the site for the intended use is adequate in size and shape to accommodate the u!
that the proposed siting for the antennas is on an existing building so that there
be no additions to the physical layout of the Safety Center building. The 273 sq
foot area provided in the rear of the building for ground level equipment and pt
source storage is also accommodated on site and can be considered incidental :
it will not impact or reduce required parking spaces, setback areas or rea
landscaping.
3. That all the yards. setbacks, walls, fences, landscaping, and other features necessal
adjust the requested use to existing or permitted future uses in the neighborhood wi
provided and maintained, in that the antennas have been designed to be “stealth
that they will blend visually into the existing building’s color and texture. 1
regards to the ground level equipment area, a six foot high stucco screen wall
enclose the area which itself is located on the rear of the Safety Center building
of view from public streets (Orion Way) and parking lot areas.
4. That the street system serving the proposed use is adequate to properly handle all t1
generated by the proposed use, in that the proposed project will not generate
traffic to the site other than occasional maintenance and monitoring by
Communications personnel.
5. The Planning Commission has reviewed each of the exactions imposed on the Devel
contained in this resolution. and hereby finds, in this case, that the exactions are imp
to mitigate impacts caused by or reasonably related to the project, and the extent an(
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RES0 NO. 4377 -2- 431
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make. all correc
and modifications to the Conditional Use Permit document(s) necessary to make
internally consistent and in conformity with final action on the project. Develop
shall occur substantially as shown in the approved Exhibits. Any proposed develop
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal. state. and
ordinances in effect at the time of building permit issuance.
2. 3 The Developer/Operator shall and does hereby agree to indemnify, protect. defenc
hold harmless the City of Carlsbad, its Council members, officers, employees, agents
representatives, from and against any and all liabilities, losses, damages. demands. cl
and costs, including court costs and attorney’s fees incurred by the City arising, di1
or indirectly, from (a) City‘s approval and issuance of this Conditional Use Permi
City’s approval or issuance of any permit or action, whether discretionary or
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted he
including without limitation, any and all liabilities arising from the emission ty
facility of electromagnetic fields or other energy waves or emissions.
4. This Conditional Use Permit is granted for a period of five (5) years. This Condil
Use Permit shall be reviewed by the Planning Director on a yearly basis to. determl
all conditions of this permit have been met and that the use does not have a subste
negative effect on surrounding properties or the public health and welfare. I1
Planning Director determines that the use has such substantial negative effects
Planning Director shall recommend that the Planning Commission, after providinl
permittee the opportunity to be heard, add additional conditions to reduce or eliminat
substantial negative effects. This permit may be revoked at any time after a p
hearing, if it is found that the use has a substantial detrimental effect on surrounding
uses and the public’s health and welfare, or the conditions imposed herein have not
met. This permit may be extended for a reasonable period of time not to exceed
years upon written application of the permittee made no less than 90 days prior tc
expiration date. The Planning Commission may not grant such extension, unless it
that there are no substantial negative effects on surrounding land uses or the put
health and welfare. If a substantial negative effect on surrounding land uses o1
public’s health and welfare is found, the extension shall be denied or granted
conditions which will eliminate or substantially reduce such effects. There is no lirr
the number of extensions the Planning Commission may grant.
5. The Developer shall report. in writing, to the Planning Director within 30 days,
address change from that which is shown on the conditional use permit application.
...
PC RES0 NO. 4377 -3- 32
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6. The Developer/Operator shall comply with ANSIAEEE standards for EMF emisr
Within six (6) months after the issuance of occupancy. ,the Developer/Operator
submit a project implementation report which provides cumulative field measureme1
radio frequency (EMF) power densities of all antennas installed at the subject site.
report shall quantify the EMF emissions and compare the results with currently acc
ANSIAEEE standards. Said report shall be subject to review and approval bl
Planning Director for consistency with the Project’s preliminary proposal report an
accepted ANSIDEEE standards. If on review, the City finds that the Project doer
meet ANSIAEEE standards, the City may revoke or modify this conditional use penr
7. Developer, prior to issuance of a building permit, shall enter into, and there
maintain in good standing, a license and/or franchise or with the City for use oj
access to the project site.
Code Reminders:
8. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
9. Approval of this request shall not excuse compliance with all applicable sections o
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
10. All roof appurtenances, including air conditioners. shall be architecturally integrated
concealed from view and the sound buffered from adjacent properties and street:
substance as provided in Building Department Policy No. 80-6. to the satisfaction o
Directors of Commurifty Development and Planning.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of j
dedications, reservations. or other exactions hereafter collectively referred to for convenienc
“fees/exactions.”
You have 90 days from September 2,1998, to protest imposition of these fees/exactions. If
protest them, you must follow the protest procedure set forth in Government Code Sec
66020(a), and file the protest and any other required information with the City Manage1
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tir
follow that procedure will bar any subsequent legal action to attack, review. set aside, voic
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexact:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plann
zoning, grading or other similar application processing or service fees in connection with
PC RES0 NO. 4377 -4- ~
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expired. 2 a NOTICE similar to this. or as to which the statute of limitations has previously ot11,
project: NOR DOES IT APPLY to any fees/exactions of which you have previously been
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I PASSED. APPROVED AND ADOPTED at a regular meeting of the P12
Commission of the City of Carlsbad, California, held on the 2nd day of September, 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas. Heineman. and
NOES:
ABSENT: Commissioners Nielsen. Savary. and Welshons
ABSTAIN:
Monroy
,f9 *
Ll"; *-=- , t' . , .-.. -.-**/&;,+
L". ..e 3.q 4
BAILEY NOB$!!, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .-
Planning Director
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* 28 I/ PC RES0 NO. 4377 -5- 4